Jwala Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2072 of 2019 Arising Out of PS. Case No.-97 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Jwala Prakash, aged about 30 years (Male) S/o Awadhesh Choudhary, villageKhemda Barun, P.S. Barun, District-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Thakur For the Opposite Party/s :
Mr.Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Barun P.S. Case No. 97 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 395, 436, 504/120(B) of the Indian Penal Code and Sections 3⁄4 of Prevention of Damage of Public Property Act, 1984.
The allegation is regarding the petitioner being member of unlawful assembly who had tried to damage public property and had created ruckus upon death of a child. The learned counsel for the petitioner submits that the petitioner is innocent, is a non FIR named accused person, has a clean antecedent and has been falsely implicated in the
Patna High Court Cr.Misc. No.2072 of 2019(2) dt.16-01-2019 2/2 present case. It is further submitted that several co-accused persons have already been granted bail, hence the petitioner is also liable to be released on bail on similar footing. Lastly, it is submitted that the petitioner is languishing in custody since 12.12.2018.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 97 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T